Third Party Liability

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  • Created by: Lara
  • Created on: 29-04-19 12:19
Barnes v Addy 1874
Case on establishing 3rd party liability. Sets out requirements
1 of 12
Blyth v Fladgate 1891
Trustee de sort (acting as a turstee when not)
2 of 12
Carl Zeiss Stiftung v Herbert Smith & Another 1969
There must be a trust for third party liability
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Royal Bruniei Airlines v Tan 1995 (Privy Council Case)
Breach of trust must occur for third party liability. Said to forget Baden's scale of knowledge. Obective standard, actual knowledge required. 3rd party should not escape liability just because trustee is honest, changing the Barnes requirements
4 of 12
Twinsecrta v Yardley
combined test for dishonest assistance. Reasonable man and where D thought he was dishonest by those standards, Subjective test
5 of 12
Ivey v Genting Casinos UK Ltd 2017
objective test without subjective limb for dishonest assistance
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El Ajou v Dollar Land Holdings Plc 1994
Case for knowing receipt
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Re Montagu's Settlement Trusts 1987
Held tat knowledge then forgetting it does not amount to actual knowledge for knowing receipt
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BCCI v Akindele 2001
Leading case for knowing receipt. Unconscionability test for liability for knowing receipt, fault based
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Agip (Africa) v Jackson
held that constructive knowledge is enough for dishonest assistance
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Baden 1992
held constructive knowledge is enough for dishonest assistance and willfull blindness is actual knowledge on the Baden scale of knowledge
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Belmont Finance Corp v Williams urniture 1980
held actual knowledge is needed for dishonest assistance
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Other cards in this set

Card 2

Front

Trustee de sort (acting as a turstee when not)

Back

Blyth v Fladgate 1891

Card 3

Front

There must be a trust for third party liability

Back

Preview of the back of card 3

Card 4

Front

Breach of trust must occur for third party liability. Said to forget Baden's scale of knowledge. Obective standard, actual knowledge required. 3rd party should not escape liability just because trustee is honest, changing the Barnes requirements

Back

Preview of the back of card 4

Card 5

Front

combined test for dishonest assistance. Reasonable man and where D thought he was dishonest by those standards, Subjective test

Back

Preview of the back of card 5
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